Money laundering countermeasures with primary focus upon terrorism and the USA Patriot Act 2001

Abstract

Outlines the changing nature of terrorism, and details the contents of the Patriot Act as a response to United Nations Security Council Resolution 1373, including the Act’s provisions for surveillance techniques like pen register and trap and trace, amendments to the Foreign Intelligence Surveillance Act 1978, together with some protections from abuse of traditional constitutional rights. Moves on to the origins and nature of the assets funding terrorism, and then to Title III of the Act, which is specifically concerned with money laundering, and the nature of offshore banking. Finally, looks at the role of the courts, and whether judicial review will survive jurisdictional challenges in matters of national security; discusses two recent cases involving the State Department against Iranian organisations. Concludes that the Act has many flaws but is an important and probably essential tool against terrorism.